DOJ Considers Appeal in Montana Gun Free School Zone Case

AmmoLand ^ | October 30, 2025 | Dean Weingarten

[marktwain]

In the Billings, Montana, Gun Free School Zone (GFSZ) case of Gabriel Metcalf, a three-judge panel of the Ninth Circuit Court of Appeals published a split decision, which struck down the indictment against Gabriel Metcalf. Thomas K. Godfrey, the Assistant U.S. Attorney prosecuting the case, has filed a petition requesting an additional 45 days to consider whether to file a petition for rehearing. A petition for rehearing would ask for the original three-judge panel to rehear the case.

The United States of America moves the Court for an extension in which to file its petition for rehearing in this case. Rule 40 of the Federal Rules of Appellate Procedure specifies that a petition for rehearing must be filed within 14 days from the entry of judgment. Currently, the United States must submit any petition for rehearing on or before October 7, 2025.

The Solicitor General is still reviewing this matter and requires an additional 45 days to complete his review to determine whether a petition for rehearing will be sought.

If the Court grants this motion, the United States’ petition for rehearing would be due on or before November 21, 2025.

The United States has contacted Russell Hart, counsel for Metcalf. He advised that he does not oppose this motion.

Metcalf is currently in not in custody.

Metcalf has not opposed the petition. A rehearing could revive the issue of whether the Gun Free School Zone Act violates the rights protected by the Second Amendment in this case.  The reason given for the extension is to give the Solicitor General time to study the case and make a decision. The Solicitor General of the United States is D. John Sauer.

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TOPICS:
KEYWORDS: banglist; gfsz; montana; mt; school; zone

[marktwain]

Gabriel Metcalf may not be free from the punishment of the Gun Free School Zone act prosecution in Billings, Montana.

[riverrunner]

The GFSZ has always been unconstitutional.

The leftist’s love any means of reducing the the number of firearms and who and where they can be carried.